Procedure for Appeal of Accreditation Denial, Temporary Suspension and Disqualification
A. Notice - In the event that a notice of temporary suspension is issued to a Pharmacy Practice the Pharmacy Practice may file a written Notice of Appeal provided: 1) all CPPA Seals have been removed from all places displayed within ten (10) days of the date on the notice of temporary suspension, and 2) all fees and expenses invoiced by CPPA have been paid. A written Notice of Appeal, as an Appellant, must be filed with the Executive Director of CPPA within twenty-one (21) days of the date of the notice of temporary suspension. If the Seal(s) are not removed within the required time frame, or if a written notice of appeal is not received by the CPPA within the required time period, the temporary suspension converts to disqualification from the CPPA Program with no further rights of internal appeal, and the Letter of Agreement shall be terminated.
B. Appellate Commission - Not more than sixty (60) days from receipt of a Notice of Appeal, CPPA shall convene the CPPA Appellate Commission, which shall consist of three members. The Commission shall consist of one member of the CPPA Board, to be appointed by the Chair of the Board of CPPA. The CPPA Board member shall serve as the Chair of the Appellate Commission. The other 2 members of the Appellate Commission shall be selected from CPPA accredited programs. The Appellant shall select one, and the third member shall be selected by mutual agreement of CPPA and the Appellant. The Executive Director of CPPA shall serve as Secretary to the Appellate Commission. As part of the Appellant’s appeal, Appellant may request an audit of its compliance with CPPA Program Standards and Criteria. If Appellant requests an audit, a fee of $1,500 shall be submitted that will be applied to the costs of performing the audit. CPPA agrees to conduct such an audit at Appellant’s expense. A written report of the audit findings will be provided to the appealing party, CPPA and members of the Appellate Commission. The time requirements hereinafter set forth shall be deemed to commence after the requested audit has been concluded.
C. Schedule - Unless otherwise agreed by the parties, the Appellate Commission shall set a date, time, and place for a hearing on the appeal not more than sixty (60) days from the date of the convening of the Appellate Commission, or the date after the audit is concluded under paragraph A above, whichever may be applicable.
D. Representation - Both parties to the appeal shall have the right to appropriate representation throughout the appeal procedure and at the Appellate Commission.
E. Expenses - All reasonable expenses incurred by the Appellate Commission including, but not limited to travel expenses (i.e., transportation, accommodations and meals) shall be paid as follows:
- Commission Member selected by CPPA: CPPA
- Commission Member selected by Appellant: Appellant
- Commission Member mutually selected by CPPA and Appellant: 50/50 split
- Any other expenses incurred by Appellant’s representatives at the hearing shall be paid by Appellant.
F. Failure to pay expenses - Failure of Appellant to pay the applicable Appellate Commission’s reasonable expenses, in full, within thirty (30) days of the date of the bill or invoice, shall result in termination of the appeals procedure, disqualification of Appellant from the CPPA program, and/or termination of the Letter of Agreement.
G. Alternate - In the event that any person designated as a member of the Appellate Commission shall be disqualified or shall refuse or be unable to serve for any reason at any time, an alternate member shall be selected by the applicable party who made the original selection.
H. Position Statements - Not less than ten (10) days before the hearing, Appellant and CPPA shall present written statements and documentation of their respective positions to the Appellate Commission. Further, all written documentation considered by CPPA in rendering its decision regarding the Pharmacy Practice will be sent to the Appellate Commission.
I. Evidence - Both parties may present evidence at the hearing. Time frames for the presentation of evidence at the hearing shall be established by the Appellate Commission in advance of the actual hearing.
J. Closing comments - Closing comments shall be submitted to the Appellate Commission in writing, and they must be filed within fourteen (14) days of the conclusion of the hearing.
K. Decision - Within an additional thirty (30) days thereafter, the Appellate Commission shall render a decision:
- To disqualify Appellant from the CPPA program; or
- To not disqualify Appellant from the CPPA program.
L. Findings - A written report of the Appellate Commission’s findings and decision shall be submitted to the Executive Director CPPA, the CPPA Board of Directors and the Appellant. The decision of the Appellant Commission shall be final and binding on both the Appellant and CPPA.
M. Disclosure Form - All members of the Appellant Commission will complete a CPPA “Disclosure Form” regarding professional and business interests prior to their final selection to the Appellate Commission. The Appellate Commission Chair will take appropriate action to manage potential conflicts.